Manju Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16093 of 2021 Arising Out of PS. Case No.-406 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

Manju Kumari, aged about 20 years, female, D/o Kishori Das. 2.

Gita Devi, aged about 40 years, female, W/o Kishori Das. 3.

Sanju Kumari, aged about 18 years, female, D/o Kishori Das. All are Residents of Village - Senuariya, P.S. - Majhaulia, Dist. - West Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-03-2022 Heard the counsel for the parties.

The petitioners seek bail in anticipation of their arrest in connection with Majhaulia P.S. Case No. 406 of 2020, dated 10.06.2020, instituted for the offences under Sections 341, 323, 324, 307, 379 and 34 of the Indian Penal Code.

They are alleged to have taken part in the assault,

Patna High Court CR. MISC. No.16093 of 2021(2) dt.04-03-2022 2/3 but the accusation of assaulting the informant and his wife has specifically been attributed to one Kishori Das, who is the father of petitioner Nos. 1 and 3 and the husband of petitioner No. 2.

It has been submitted on behalf of the petitioners that there is a dispute between the family and the parties are directly related to each other. The report about the occurrence is said to have been made after seven days and the subject F.I.R. saw the light of the day only after eight days, even when the distance of the police station from the Court is negligible. It has further been submitted that injury received by the wife of the informant is stated to be simple in nature, whereas the nature of injury on the informant could not be assessed and the same was never produced for inspection before the Court below.

However, the injuries suffered by the victims are specifically attributed to aforesaid Kishori Das, who is in custody.

Regard being had to the background facts and taking into account the relationship of the petitioners with

Patna High Court CR. MISC. No.16093 of 2021(2) dt.04-03-2022 3/3 the informant/victims and their gender, they, in the event of their arrest or surrender before the learned Court below within a period of four weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 406 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T